Couple settles lawsuit against the supplier of botulinum toxin

A South Florida couple that suffered debilitating injuries from deadly anti-wrinkle shots has settled a civil lawsuit against the supplier of the lethal toxin.

Eric and Bonnie Kaplan, of Palm Beach Gardens, were among four people who almost died of botulism poisoning in 2004 after they were injected with a toxin more than 2,850 times the lethal dose at an Oakland Park clinic. The couple had thought they were getting Botox injections.

The terms of the settlement, finalized on the eve of a trial that was scheduled to begin Monday in Broward Circuit Court, include a confidentiality clause, said attorneys for both sides. The settlement is between the Kaplans and List Biological Laboratories of California, which supplied the raw botulinum toxin, according to Seth Miles, the Kaplans' attorney.

While neither side would discuss the amount of the settlement, the Kaplans revealed last year that they had previously rejected a $1 million settlement offer from List.

"The Kaplans are very pleased with the outcome. The ultimate goal was to prevent what happened to them from happening to other people," Miles said.

The couple also is satisfied that tighter restrictions and protocols have been imposed on companies that sell such toxins, he said.

On the advice of their attorney, Eric and Bonnie Kaplan would not comment. Eric Kaplan, a chiropractor, and his wife were temporarily paralyzed after receiving the injections, Miles said. Today, they still are suffering from the repercussions, which include occasional difficulty breathing and swallowing, as well as hearing, stomach and back problems, he said.

Bach McComb, an osteopathic physician who had lost his license, injected the powerful toxin into himself, his then-girlfriend, Alma Hall, and the Kaplans.

Robert DeWitt McIntosh, the local attorney for List, said the company takes its responsibilities and the Kaplans' allegations seriously. "Everyone involved in the case looked at what Mr. McComb did with the product and said, 'How could someone do that?'"

The settlement brings to a close the civil portion of the case, Miles said.

McComb, 49, is now serving three years in federal prison and is scheduled for release in 2008. Two other people who also sold research-grade levels of the toxin, Chad Livdahal and Zahra Karim, both 35, also are serving federal prison terms in connection with the case.

Separately, the Kaplans are appealing a federal judge's ruling that their health insurance company, Blue Cross & Blue Shield, is not required to cover their medical costs because they were undergoing elective cosmetic surgery.

Paula McMahon can be reached at pmcmahon@sun-sentinel.com or 954-356-4533.